HomeMy WebLinkAboutGUERRERO, DELILAH, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, CRISTINA LOPEZ Docusign Envelope ID: E0A64A9A-03B0-4CEE-A16A-835A05595EAC
,A34 '625 Return FULLY EXECUTED A-2024-221
o coo Copy to City Clerk, M-30
PACIFIC LIFE ®�°t
& ANNUITY SERVICES, INC. @�
Qualified Assignment and Release Agreement
In Accordance With Internal Revenue Code Section 130
"Claimant(s)": nplilah Guerrprn a minor, by and through hPr guardian ad litem Cristina I npe7
"Assignor(s)": Berkley Public Entity-Gemini Insurance Company
List Additional Assignors below, if applicable
"Assignor" The City of Santa Ana
"Assignor"
"Settlement Agreement":
[Date and title of settlement agreement, order or other document embodying
the Assignor's obligation to make the agreed periodic payments]
"Assignee": Pacific Life &Annuity Services, Inc.
"Annuity Issuer": Pacific Life
"Effective Date":
This Qualified Assignment and Release Agreement is made and entered into as of the Effective Date by and
among the undersigned parties with reference to the following facts:
A Claimant(s) and Assignor are parties to or are otherwise subject to or entitled to receive payments under the
above-referenced Settlement Agreement, under which Assignor has liability to make certain periodic
payments to or for the benefit of Claimant(s) as specified or referred to in paragraph 12 of this Agreement (the
"Periodic Payments"); and
B Assignor and Assignee wish to effect a "qualified assignment"within the meaning and subject to the
conditions of Section 130(c) of the Internal Revenue Code of 1986, as amended (the "Code").
Now, therefore, in consideration of the foregoing and for other good and valuable consideration, the parties
agree as follows:
1. Assignment and Assumption; Release of Assignor. Assignor hereby assigns to Assignee, and Assignee
hereby accepts and assumes, all of Assignor's liability to make the Periodic Payments. Each Claimant hereby
accepts and consents to such assignment by Assignor and assumption by Assignee. Effective on the
Effective Date, each Claimant hereby releases and discharges Assignor from all liability to make the Periodic
Payments.
Pacific Life refers to Pacific Life Insurance Company and its affiliates, including Pacific Life&Annuity Company. Insurance
products are issued by Pacific Life Insurance Company in all states except New York and in New York by Pacific Life&
Annuity Company. Product availability and features may vary by state. Each company is solely responsible for the financial
obligations accruing under the products it issues. Insurance product and rider guarantees are backed by the financial strength
and claims-paying ability of the issuing company.
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2. Nature of Periodic Payments. The Periodic Payments constitute
i. damages (other than punitive damages),whether by suit or agreement, or
ii. compensation under a workers'compensation act,
on account of personal injury or sickness in a case involving physical injury or physical sickness,within the meaning of
Sections 130(c)and 104(a)of the Code.
3. Extent of Assignee's Liability. Assignee's liability to make the Periodic Payments shall be no greater than the liability of
Assignor immediately prior to the Effective Date.Assignee assumes no liability other than the liability to make the Periodic
Payments.Assignee's liability to make the Periodic Payments shall be unaffected by any bankruptcy or insolvency of
Assignor.
4. Qualified Funding Asset. Assignee will fund the Periodic Payments by purchasing from Annuity Issuer a"qualified
funding asset,"as defined in Section 130(d) of the Code, in the form of an annuity contract(the"Annuity") issued by
Annuity Issuer and providing for payments corresponding to the Periodic Payments.Assignee shall be designated as the
owner of the Annuity. All rights of legal ownership and control of the Annuity shall (subject to paragraph 9 of this
Agreement) be and remain vested exclusively in Assignee; provided, however,that the Annuity shall be used by Assignee
to fund the Periodic Payments and shall at all times be designated by Assignee on its records as being taken into account,
under Section 130 of the Code,with respect to this Agreement. Notwithstanding anything to the contrary contained in this
Agreement, neither any Claimant nor any Successor Payee shall have any rights with respect to the Annuity or the
payments thereunder that would cause any amount attributable to the Annuity to be currently includible in the recipient's
income or would otherwise affect the determination of when any recipient is treated as having received any payment for
income tax purposes,or would otherwise prevent this Agreement from satisfying all of the conditions for a"qualified
assignment"within the meaning of Section 130(c) of the Code.
5. Delivery of Payments. Assignee may have Annuity Issuer send payments directly to a Claimant,or, if applicable,to a
Successor Payee(as defined in paragraph 8 of this Agreement), or deliver payments by electronic funds transfer to an
FDIC-insured depository institution in the United States for credit(directly or indirectly)to an insured account in the name
of such Claimant or Successor Payee. Such direction of payments under the Annuity shall not be deemed to afford the
Claimant or any Successor Payee any rights of ownership or control of the Annuity. Each Claimant and any Successor
Payee shall at all times keep Annuity Issuer apprised of such Claimant's or Successor Payee's current street address and
telephone number and, if such Claimant or Successor Payee receives payments by electronic funds transfer,the name,
address, bank identifier number(routing number)and telephone number of the applicable depository institution and the
account number of the account to which the payments are to be credited.
6. Discharge of Liability. The Assignee's liability to make each Periodic Payment to the Claimant or Successor Payee
designated to receive such payment shall be discharged automatically at such time as a corresponding payment is made
to such Claimant or Successor Payee by the Annuity Issuer.
7. Acceleration,Transfer of Payment Rights. None of the Periodic Payments and no rights to or interest in any of the
Periodic Payments(all of the foregoing being hereinafter collectively referred to as"Payment Rights")can be
i. Accelerated,deferred, increased or decreased by any recipient of any of the Periodic Payments; or
ii. Sold, assigned, pledged, hypothecated or otherwise transferred or encumbered,either directly or indirectly, unless
such sale, assignment, pledge, hypothecation or other transfer or encumbrance (any such transaction being
hereinafter referred to as a"Transfer") has been approved in advance in a"Qualified Order"as defined in Section
5891(b)(2) of the Code(a"Qualified Order")and otherwise complies with applicable state law, including without
limitation any applicable state structured settlement protection statute.
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No Claimant or Successor Payee shall have the power to effect any Transfer of Payment Rights except as provided in
sub-paragraph (ii)above,and any other purported Transfer of Payment Rights shall be wholly void. If Payment Rights
under this Agreement become the subject of a Transfer approved in accordance with sub-paragraph (ii) above the rights
of any direct or indirect transferee of such Transfer shall be subject to the terms of this Agreement and any defense or
claim in recoupment arising hereunder.
8. Contingent Beneficiaries. Any Periodic Payments to be made after the death of any Claimant or Successor Payee shall
be made to such party as shall have been designated in, or in accordance with, the Settlement Agreement or, if the
Settlement Agreement does not provide for such designation, then to the party designated in conformity with this
paragraph 8. Any party so designated is referred to in this Agreement as a"Contingent Beneficiary." If no Contingent
Beneficiary is living at the time of the death of a Claimant or Successor Payee, payment shall be made to the decedent's
estate. As used in this agreement the term"Successor Payee"refers to a Contingent Beneficiary or an estate that has
become entitled to receive Periodic Payments following the death of a Claimant or a Successor Payee. Except as
otherwise provided in the Settlement Agreement, no designation or change of designation of a Contingent Beneficiary
shall be effective unless such change (i) is requested in a written request submitted to Assignee (or its authorized agent) in
accordance with Assignee's customary procedures for processing such requests; and(ii) is confirmed by Assignee(or its
authorized agent). Except for a designation that is expressly identified in the Settlement Agreement as irrevocable, any
designation of a Contingent Beneficiary shall be deemed to be revocable; and no party that is designated as a Contingent
Beneficiary(other than a party irrevocably designated as a Contingent Beneficiary in the Settlement Agreement) shall,
solely by virtue of its designation as a Contingent Beneficiary, be deemed to have any cognizable interest in any Periodic
Payments.
Note: Beneficiaries section only applies to guaranteed benefits(Period Certain, Lump Sum(s), Life with Certain
payments).
9. Failure of Settlement Agreement. If at any time prior to completion of the Periodic Payments,the Settlement Agreement
is declared terminated in a final, non-appealable order of a court of competent jurisdiction (or in the case of a workers'
compensation settlement, a final order of the applicable workers' compensation authority): (i)the assignment by Assignor
to Assignee of the liability to make the Periodic Payments, and Assignee's acceptance of such assignment shall be of no
force or effect; (ii)Assignee shall be conclusively deemed to be acting as the agent of Assignor; (Hi)the Annuity shall be
owned by Assignor; (iv)Assignee shall have no liability to make any Periodic Payments;and(v)the parties hereto agree
to cooperate in taking such actions as may be necessary or appropriate to implement the foregoing.
Failure to Satisfy Section 130(c). If at any time prior to completion of the Periodic Payments, it is conclusively
determined that the requirements of Section 130(c) of the Code have not been satisfied in connection with this Agreement
in a final, non-appealable ruling or order: (i)the assignment by Assignor to Assignee of the liability to make the Periodic
Payments,Assignee's acceptance of such assignment shall be of no force or effect; (ii)Assignee shall be conclusively
deemed to be acting as the agent of Assignor; (iii)the Annuity shall be owned by Assignor,which shall retain the liability to
make the Periodic Payments; (iv)Assignee shall have no liability to make any Periodic Payments; and(v)the parties
hereto agree to cooperate in taking such actions as may be necessary or appropriate to implement the foregoing.
10. Governing Law; Disclosure of Certain Tax Information; Binding Effect.
(i) This agreement shall be governed by and interpreted in accordance with the internal laws of the
State of California; provided, however,that any Transfer of Payment Rights under this Agreement may be
subject to the laws of other states in addition to the state designated above.
(ii) This Agreement shall be binding upon the parties hereto and their respective successors, heirs, executors,
administrators and permitted assigns, including without limitation any party asserting an interest in Payment Rights.
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11. Advice, Comprehension of Agreement. In entering into this Agreement,each Claimant represents and warrants that (i)
such Claimant has relied solely upon the legal and tax advice of such Claimant's own attorneys and other advisors or has
had the opportunity to seek competent legal and tax advice,who are the attorneys and advisors of such Claimant's choice,
concerning the legal and income tax consequences of this Agreement; and(ii)the terms of this Agreement have been
completely read by and explained to such Claimant and are fully understood and voluntarily accepted by such Claimant.
12. Description of Periodic Payments.The Periodic Payments are as set forth in Schedule 1,which is hereby incorporated
in and made a part of this Agreement.
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Schedule 1
Periodic Payments
Payee (1): Cristina Lopez FBO Delilah Guerrero
Benefit(s):
$500.00 payable monthly guaranteed for 4 years and 8 months beginning on 06/01/2025 with the last
guaranteed payment on 01/01/2030
Payee (2): Delilah Guerrero
Benefit(s):
$50,000.00 payable annually guaranteed for 4 years beginning on 01/31/2031 with the last guaranteed
payment on 01/31/2034
$2,500.00 payable monthly guaranteed for 7 years beginning on 01/31/2035 with the last guaranteed
payment on 12/31/2041
$100,000.00 paid as a lump sum on 01/31/2030 guaranteed
$250,000.00 paid as a lump sum on 01/31/2037 guaranteed
$429,744.38 paid as a lump sum on 01/31/2042 guaranteed
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This Qualified Assignment and Release Agreement is signed in one or more counterparts as of the Effective
Date by the following:
Assignor(1): _Berkley Public Entity-Gemini Insurance Company
By:
Authorized Representative(s)
Title:
Assignor(2): The City of Santa Ana
By:
Authorized Representative(s)
Alvaro Nunez Al -ST:
Title: City Manager
•hT,
Jennifer . H8I
111-4"iM1,,ILA
eri( p.
Assignee: Pacific Life &Annuity Services, Inc. Assignee: Pacific Life & Annuity Services, Inc.
By: By:
Authorized Representative Authorized Representative
Title: Title:
Claimant(s): Delilah Guerrero, a minor, by and through her guardian ad litern, Cristina Lopez
By: II
Approved as to Form and Co
72'
Claiman ' Attorney
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